by Dave Workman
Senior Editor

The fight is far from over, but anti-gunners appear to have won “Round 1” in a battle launched by the Second Amendment Foundation (SAF) and National Rifle Association (NRA) to overturn a Nov. 8 vote that has banned guns in San Francisco, CA.

On Dec. 9, the California Court of Appeals announced it would not take the lawsuit filed against Proposition H, rejecting the petition from NRA and SAF to keep the lawsuit out of trial court. This does not mean the case is dead.

According to attorney Chuck Michel who is counsel for the gun rights groups on this case, “This really means nothing other than we’re going to have to spend time jumping through procedural hoops, and the taxpayers of the city of San Francisco will have to pay their attorneys to jump through the same procedural hoops.”

He said it would have been in the interest of economy for the Court of Appeals to take the case.

While the gun ban officially takes effect Jan. 1, there is some question whether it will be enforced right away.

Proposition H, which garnered opposition from police, gun rights groups and others in the city, bans possession of handguns and sales and manufacture of other firearms inside the city. It does not prohibit possession of firearms by non-residents.

On Nov. 9, the day following the election, NRA and SAF were in court to challenge the measure and keep it from being enforced, contending that it violates state law. Other plaintiffs in the current lawsuit are the Law Enforcement Alliance of America and the California Association of Firearms Retailers, and several individuals.